B. Shifting the focus away
from the violent pushback
of the 38: Stigmatization,
Targeting, Intimidation
In August 2022, the case of the 38 Syrians
(described in detail above, and in particular in Chapter E. The Pushback Case of
the 38 Syrians stranded on an Evros islet
divided by a Greek- Turkish border line,
p. xx), attracted significant media publicity. The legal organizations, GCR and
HR360, that took the case to the ECtHR
are heavily intimidated and targeted by
the Greek authorities. The Ministry of Migration and Asylum systematically used
the “case of the 38” in order to fuel the
already heavily polarized public discussion on the issue of the management of
the arrivals of asylum seekers in Greece
with press releases, interviews and statements before the Greek Parliament. The
Ministry focused its attention on whether
the islet where the asylum seekers were
stranded was Greek or Turkish territory,
and whether a child had died on the islet
or not, amid ongoing controversy over
the child’s alleged existence and death
(see p. xx). However, in its essence, the
case of the 38 remains a pushback case
- illegal under international and EU law.
The Greek State tries to conceal this in
the public debate, by shifting the focus
from the main issue - the Greek State’s
responsibility for the violent pushback
operations - to discrediting those who
filed interim measures before the ECtHR.
To this day, the Government continues to question the role of these organizations. 80 In particular, the government officials through their public
statements directly targeted GCR and
HR360, the organizations that operate
at the Greek-Turkish borders providing
legal assistance to newly-arrived asylum seekers, describing NGOs as collaborating with smuggling networks, or
with the Turkish authorities operating
against Greek national interests. 81 The
current president of GCR was linked
with the opposition party, attributing in
this way hidden political motives to the
work of legal aid organizations before
the ECtHR.
“First, the smugglers, or even the
Turkish authorities transfer migrants to the Turkish shore and then
they move them in the river, before
the fence that protects the Greek
borders. The collaborating NGOs
already have their personal information in detail as well as further
supportive material. In order to
achieve a positive decision on interim
measures the “story” has to include
two elements: Risk of stranding and
one or more serious health issues.
The NGOs appeal before the ECtHR
and then international media, where
journalists who, according to their
AL GRC 2/2022, 19 July 2022, with reference to previous mandates (GRC 2/2022, GRC 4/2021, GRC 1/2021 and
GRC 2/2020) communicated to the Greek Government.
See indicatively said statements: Hellenic Republic, Ministry of Migration and Asylum, Notis Mitarakis:
Someone organized the 38 of Evros and then left in an unknown direction, 24 September 2022, (in Greek): https://
bit.ly/3RbDzFz
80
81
The overall offensive and arbitrary references to supposedly humanitarian facades, to organizations
collaborating with smugglers or with the Turkish authorities had been early on addressed with a Statement that
was issued by GCR Board of Directors, GCR, Statement by the Board of Directors of the Greek Council for Refugees, 31 August 2022, available at: http://bit.ly/3ASRhrU
AT EUROPE’S BORDERS: BETWEEN IMPUNITY AND CRIMINALIZATION
43
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